Los Angeles daily herald., 1887-03-21
PROCLAMATION /!
STA f OF CALIFORNIA.

STA f OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO, MAJ CHI Is, 1sS1.)
WHEREAS, the Legislature OF the State of
California, at its tweuty-sevenths session, be-
ginning on the third day of January, A. D.
eighteen hundred and eighty-seven, two
thirds of all the members elected to each of
the two Houses Of said Legislature voting in
favor thereof, PROPOSE the following de-
scribed amendments to the Constitution of
the State of California. to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
mont.
Resolred, That the Legislature of the State
of CALIFORNIA; a. its regular SESSION, COM
mencing on the third day of January, A. d.
eighteen hundred and eighty seven, two
,hirds of all the members elected to each of
the Houses of said Legislature voting in fa-
vor thereof, hereby propose that sections
two aud three OF article vi, of the Constitu
tion OF said Sta.e be amended TO read as
follows:
sist of seven Justices. The Associate Jus
tices of the Supreme Court, in office at the
time of the adoption OF this amendment to
the Constitution are hereby continued in
office as Justices OF the Supreme Court Tor
the remainder of the terms to which they
were respectively elected. The Justices
shall elect one of their number 10 be Chief
Ju, tice, aud he shall hold the Office of Chief
Justice of said court for term OF two
years At the expiration of the term of the
Chief Justice first elected, and every tSo
years thereafter the justices shall elect a
Chief Justsee for like term of two years.
An entry of tie election of such Chief Jus
tice shall be made In the minutes OF the
court and signed by four Justices. When
ever thereafter r. vacancy occurs in the Of
fee of Chief Justice, a like election shall
be had to I'LL such office for the unexpired
term. The Supreme Court may sit in de-
open for the transaction of business. There
| snail be two departments, denominated, re,
spectively, Department One aud department
| Two. The Chief Justice shall assign three
,uch assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department., and
may Interchange with esch other by agree.
ment among themselves or as ordered by
| the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank. The
presence ofthree Justices shall be necessary
partments, except such as may he done at
chambers, and the concurrence of two Jus
tices shall he necessary to pronounce q
judgment. The Chief Justice shall apportion
the busi ess to the departments and may,
in his discretion. order any cause pending
before the Court to be heard ana decided by
| the Court in bank. The order may be III ade
before or after judgment pronounced by a
department; but wnere cause has been al
lotted TO one OF the departments, and judg.
ment pronounced thereon, the order must
be made within thirty days after such judg-
mentand concurred in by twoJ Justices, and If
so made 1t shall have the effect to vacsto and
| set aside the judgment. Any four Justices
department.. order case TO be heard in
bank. If the order be not made wit lin the
time above limited, the judgment shall be
final. No judgment by department shall
period of thirty days aforesaid, unless ap-
proved by the Chief Justice. In writing,
with the concurrence OF two Justices. The
Chief Justice may convene the Court in
bank at any time. and shall be the presiding
Justice of the Court when so convened. The
concurrence of tour Justices present at the
argument shall beneCessary to pronounce a
Judgment in bank; but If four Justices, so
present. do not concur in judgment, then
| all the Justices qualified to sit in the cause
shall hear the argument; but to render a
| judgment concurrence of four Judges
| shall be necessary. In the determination
of causes all decisions of the Court in
bank, or In departments, shall be given
in writing aud the grounds of the decision
shall be stated. The Chief Justice may sit
| in either department, and shall preside
| when SO sitting, but The Justices assigned
to each department. shall select one of their
| number as presiding Justice. In case of
| the absence OF the Chief Justice from the
place at which the court is held, or his ina
bility to act, the Associate Justices shall se-
| lect one OF the own number TO perform
NhA dVr%r raoa nd rnse h. e
Chief Justice during such absence or ina
bility to act. The Supreme Court Commits.
| sion, created by the act OF the Legislature,
approved March TWELFTH, eighteen hundred
| and eighty-fve, shall continua and be a Su-
preme Court Commission for four years af-
ter the adoption OF this amendment. Said
| commission may be continued for such
time thereafter as may be fixed by an act
passed by vote of two-thirds of the elected
members of each House of the Legislature e,
and approved by the Governor. The mem
bers thereof and Secretary shall be ap-
pointed as in said act provided; and such
commissioners shall be subject to removal
in like manner as the Judges of the su-
preme Court. Said commission shall hay e
the same power to bear and determine
causes possessed by department of the
supreme Court, and causes may be assigned
to the commission in the same manner they
are assigned to department., and after de-
cision they may be ordered heard in bank
in the same way, and with like restrictions
as II decided in department. The judg-
ments of the commission shall be entered
as the judgments of the court. The COM
mission shall sit Mt such times and places as
may be designated by the court, but such
| commissioners shall not exercise any
judicial functions except when assem-
bled as a commission. and then they
shall only have power to hear and deter
mine such causes as may have been assigned
to them.
Section 8. The Justices of the Supreme
Dxs.. ehoI hn al tad 6xvt t1A Ga
electors of the State ct large, at the general
State elections and the times and places at
which State officers are elected; and the
term of office shall be twelve years from
and after the first Monday after the first
day of January next succeeding their elec-
tioD. Three Justices shall he elected for
the full term at the general State election
held in eighteen hundred and ninety; and
at the general election held every fourth
year thereafter, two Justices shall be elect
that in every twelfth year thereafter, three
Justices hall be elected for full terms. If
the Chief Justice, or any Ju.ttce, becomes
disqualified, ieither mentally
oface. and such fact is certified to the Gov
arnor by FIVE Justices, one of whom may be
he Chief Justice in case of the disability OF
/ Justice, the office of such disqualified
person becomes Immediately vacant: and
hundred and fifty (250) dollars per month
fOr the remainder of his term. II vacancy
,xist or occur in the Office OF Justice. the
Governor shall appoint person to hold the |
,ffice for the remainder of the unexpired |
erm. The Governor shall appoint Justice |
% hold office as Justice fov tho unexpired
erm of the late Chief Justice.
AMENDMENT NUMBER TWO.
TO propose to the people Of the State an
amendment to the Constitution OF the
state. relative to the salaries OF the